TMI Blog2018 (11) TMI 1377X X X X Extracts X X X X X X X X Extracts X X X X ..... d much before issuance of the SCN and the same has already been appropriated by the adjudicating authority. Though there is allegation in the show cause notice regarding suppression, but it has not been specifically explained in the show cause notice as well as in the adjudication order as to how the intent to evade payment of the Central Excise duty is established taking into consideration that the appellant is subjected to periodical audit by the department and the documents on the basis of which credit has been taken was available for inspection of the audit - penalty imposed under Rule 15(2) of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944 is not attracted. The appeal is allowed. - Appeal No. E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfirmed the demand of ₹ 1,08,362/- alongwith interest and appropriated the amount paid by the assessee and also imposed penalty under Rule 15(2) of the Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. On appeal, ld. Commissioner upheld the adjudication order and rejected the appeal filed by the assessee. Hence, the present appeal before this Tribunal. 3. Ld. Advocate appearing on behalf of the appellant submits that the entire amount of cenvat credit alleged to have irregularly availed, was already reversed in the month of August, 2012 and the same was duly reflected in their ER I Returns. Subsequently, the interest amounting to ₹ 18,552/- was also paid vide Challan Sl.No.00053470609201205144 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies. It has also been argued that since the entire amount of the inadmissible cenvat credit has already been reversed as soon as the same was pointed out by the department, much before the issuance of the show cause notice, therefore, no penalty is attracted in this case in view of the various decisions of the Tribunal. 8. I find that the cenvat credit taken by the appellant was reversed much before issuance of the show cause notice and the same has already been appropriated by the adjudicating authority. Though there is allegation in the show cause notice regarding suppression, but it has not been specifically explained in the show cause notice as well as in the adjudication order as to how the intent to evade payment of the Central Exc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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